Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. It would be of great assistance to the office if all incoming papers pertaining to a filed application carried the following items:
i. Application number (checked for accuracy, including series code and serial no.).
ii. Group art unit number (copied from most recent Office communication).
iii. Filing date.
iv. Name of the examiner who prepared the most recent Office action.
v. Title of invention.
vi. Confirmation number (See MPEP § 503).
3. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages, paragraph and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
4. Claim interpretation for “at least one of” limitation: When multiple limitations are connected with “at least one of”” statement, only one of those limitations have patentable weight. Rest of the limitation are optional, therefore, not given any patentable weight. Claims have been rejected in view of the prior art (see below) based on a broader interpretation that meets the claimed subject matter as interpreted by the Examiner.
Double Patenting
5. The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
Claims 1 & 13 & 26 of instant application are non-provisionally rejected on the ground non-statutory obviousness-type double patenting as being unpatentable over claims 1 & 13 of application No. 18/681 374. Although the conflicting claims are not identical, they are not patentable distinct from each other because both the claims of the instant application and the claims of the co-pending application are almost the same in scope. Omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same function as before. In re KARLSON (CCPA) 136 USPQ 184 (1963).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims are not identical, however, the scope of the invention are the same.
Instant Application (18/681 209)
Co-pending Application (18/681 374)
Claim 1:
A method for reporting a power headroom report (PHR), performed by a user equipment (UE),
comprising: receiving configuration information sent by a base station, the configuration information being used for instructing the UE to support, on one carrier, a PHR reporting for one single transmission reception point (TRP);
receiving, from the base station, power control parameters corresponding to at least one carrier that support one or more TRPs;
receiving, from the base station, a PHR reporting trigger condition corresponding to the one or more TRPs;
and triggering the PHR reporting for a respective TRP corresponding to each carrier based on the power control parameters and the reporting trigger condition.
Claim 1:
A method for reporting a power headroom report (PHR), performed by a user equipment (UE),
comprising: receiving configuration information transmitted by a base station, wherein the configuration information instructs the UE to support PHR reporting of at least one transmission and reception point (TRP) on one carrier;
receiving a power control parameter of at least one TRP corresponding to at least one carrier transmitted by the base station;
receiving a trigger condition for PHR reporting of at least one TRP transmitted by the base station;
and triggering PHR reporting of at least two TRPs corresponding to each carrier based on the power control parameter and the trigger condition for reporting.
Claim Rejection- 35 USC § 102
6. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6-9, 11, 13-20, 22, 26-27 are rejected under 35 USC 102 as being clearly anticipated by Yi et al (Pub No. US. 2021/0045070).
Regarding claim 1, Yi et al discloses a method for reporting a power headroom report (PHR) (Abstract & Fig. 34-35), performed by a user equipment (UE), comprising: receiving configuration information sent by a base station (Para. 192; Para. 195: BS sending power configuration message-1310 to the UE) & (Para. 359: power headroom reporting configuration parameters), the configuration information being used for instructing the UE to support, on one carrier, a PHR reporting for one single transmission reception point (TRP) (Para. 416: Base station transmits RRC messages indicating whether to support a TRP-specific PHR report or cell specific PHR report) & (Fig. 22 & Para. 404: PHR configuration parameters determined & Para. 418: Single TRP); receiving, from the base station, power control parameters corresponding to at least one carrier that support one or more TRPs (Para. 416-418: power control parameters carrier that support one or more TRPs & a wireless device use a MAC CE format supporting a multi-TRP scenario in response to receiving one or more radio resource control messages from a base station comprising PHR processes);
receiving, from the base station, a PHR reporting trigger condition corresponding to the one or more TRPs (Para. 354 & 357-358: PHR reporting trigger condition and Trigger PHR when condition met) & (Fig. 33-34 & Para. 418 & 427); and triggering the PHR reporting for a respective TRP corresponding to each carrier based on the power control parameters and the reporting trigger condition (Para. 419-421: The wireless device transmits a PHR with one or more cells of a TRP/ PH value for an activated cell. First cell with in a PHR in response to TRP trigger) & (Fig. 30-32, 34 & 35).
Regarding claim 2 & 14, Yi et al discloses power control parameter comprises at least one of: first information corresponding to a TRP on a carrier (Para. 337: PHR configuration parameter indicating a multiple entry PHR format & determine a first value, of a first type PH or of a third type PH, for a corresponding uplink carrier of a cell (e.g., a PCell) & Para. 357 & 354).
Regarding claim 3 & 15, Yi et al discloses the first information corresponding to the TRP on the carrier comprises at least one of: identifier information corresponding to the TRP on the carrier (Para. 416: Base station may transmit one or more RRC messages indicating whether to support a TRP-specific PHR report or a cell-specific PHR report. In response to a configuration of a TRP-specific PHR report, a wireless device may operate a PHR process per TRP).
Regarding claim 4 & 16, Yi et al discloses identifier information corresponding to the TRP on the carrier comprises at least one of: a power control parameter set identifier of the TRP on the carrier (Para. 249: Power control parameter).
Regarding claim 6 & 18, Yi et al discloses the second information corresponding to the carrier comprises at least one of: identifier information of a downlink path loss reference carrier corresponding to the carrier (Para. 349: Pathloss identified).
Regarding claim 7 & 19, Yi et al discloses the reporting trigger condition comprises at least one of: a change in identifier information corresponding to a TRP on a carrier (Para. 161: Cell identifier & Para. 178: SRS resource configuration identifier).
Regarding claim 8, Yi et al discloses triggering the PHR reporting for a respective TRP corresponding to each carrier based on the power control parameters (Para. 182: CSI-RS power parameter) and the reporting trigger condition comprises: for each carrier, selecting one TRP on the carrier in response to determining, based on the power control parameters and the reporting trigger condition, that the UE satisfies the reporting trigger condition; and reporting the PHR of the TRP to the base station (Para. 215 & 337: Power control trigger & PHR trigger).
Regarding claim 9 & 20, Yi et al discloses selecting one TRP on the carrier comprises at least one of: selecting the TRP on the carrier based on a predefined selection rule (Para. 417: TRP on selection rule); wherein the selection rule comprises: determining a TRP on the carrier as the one TRP by default (Para. 357: Default power control process).
Regarding claim 11 & 22, Yi et al discloses triggering the PHR reporting for a respective TRP corresponding to each carrier comprises at least one of: for each carrier, reporting a maximum power that can be sent by one TRP on the carrier after a power back-off, in response to the carrier being configured with the power back-off (Para. 344: Power backoff & 358: max power configuration).
Regarding claim 13, Yi et al discloses a method for reporting a power headroom report (PHR), performed by a base station (Abstract & Fig. 34-35), comprising: sending configuration information to a user equipment (UE) (Para. Para. 195: BS sending power configuration message-1310 to the UE) & (Para. 359: power headroom reporting configuration parameters), the configuration information being used for instructing the UE to support, on one carrier, a PHR reporting for one single transmission reception point (TRP) (Para. 416: Base station transmits RRC messages indicating whether to support a TRP-specific PHR report or cell specific PHR report) & (Fig. 22 & Para. 404: PHR configuration parameters determined & Para. 418: Single TRP); sending power control parameters corresponding to at least one carrier that support one or more TRPs to the UE (Para. 419-421: BS transmits a PHR with one or more cells of a TRP/ PH value for an activated cell. First cell with in a PHR in response to TRP trigger) & (Fig. 30-32, 34 & 35); sending a PHR reporting trigger condition corresponding to the one or more TRPs to the UE (Para. 354 & 357-359: PHR reporting trigger condition and Trigger PHR when condition met) & (Fig. 33-34 & Para. 418 & 427); and receiving, from the UE, a PHR reporting of a respective TRP corresponding to each carrier (Para. 419-421: The wireless device transmits a PHR with one or more cells of a TRP/ PH value for an activated cell. First cell with in a PHR in response to TRP trigger) & (Fig. 30-32, 34 & 35).
Regarding claim 17, Yi et al discloses the uplink physical channel comprises at least one of: a physical uplink control channel (PUCCH) (Para. 138).
Regarding claim 26, Yi et al discloses a user equipment (UE), comprising: a transceiver; a memory; and a processor (Fig. 15: UE with a transceiver; a memory; and a processor); wherein the processor is connected to the transceiver and the memory and configured to control transmission and reception of a wireless signal of the transceiver and the processor is further configured to: receiving configuration information sent by a base station (Para. Para. 195: BS sending power configuration message-1310 to the UE) & (Para. 359: power headroom reporting configuration parameters), the configuration information being used for instructing the UE to support, on one carrier, a PHR reporting for one single transmission reception point (TRP) (Para. 416: Base station transmits RRC messages indicating whether to support a TRP-specific PHR report or cell specific PHR report) & (Fig. 22 & Para. 404: PHR configuration parameters determined & Para. 418: Single TRP); receiving, from the base station, power control parameters corresponding to at least one carrier that support one or more TRPs (Para. 416-418: power control parameters carrier that support one or more TRPs & a wireless device use a MAC CE format supporting a multi-TRP scenario in response to receiving one or more radio resource control messages from a base station comprising PHR processes); receiving, from the base station, a PHR reporting trigger condition corresponding to the one or more TRPs (Para. 354 & 357-358: PHR reporting trigger condition and Trigger PHR when condition met) & (Fig. 33-34 & Para. 418 & 427); and triggering the PHR reporting for a respective TRP corresponding to each carrier based on the power control parameters and the reporting trigger condition (Para. 419-421: The wireless device transmits a PHR with one or more cells of a TRP/ PH value for an activated cell. First cell with in a PHR in response to TRP trigger) & (Fig. 30-32, 34 & 35).
Regarding claim 27, Claim 27 corresponds to claim 13 and is analyzed accordingly.
Conclusion
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/MD K TALUKDER/Primary Examiner, Art Unit 2648